Latest Case This Week: Brumbaugh v. Bendorf (Neb.)

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Brumbaugh v. Bendorf

Court: Nebraska Supreme Court

Citation: 306 Neb. 250

Opinion Date: June 26, 2020

Judge: William B. Cassel

Areas of Law: Communications Law

The Supreme Court affirmed the judgment of the district court denying Appellant's request for attorney fees authorized but not mandated by statute, holding that the district court did not abuse its discretion in awarding no fees or costs. Appellant sued Defendant under federal and state wiretapping statutes and under Neb. Rev. Stat. 20-203. The jury found that Appellant met his burden of proof as to both the federal and state wiretapping claims and awarded damages of $4,800. The trial court sustained Appellant's motions for judgment notwithstanding the verdict and to alter or amend based on the jury's award of damages, awarding statutory damages of $10,000. The district court denied attorney fees and costs. The Supreme Court affirmed, holding (1) trial courts are not required to provide an explanation of an award of attorney fees; (2) while Defendant obtained a jury verdict in his favor, it was less than half of the minimum damages statutorily mandated, and therefore, the district court did not abuse its discretion in awarding no attorney fees; and (3) the district court did not abuse its discretion by not awarding litigation costs.